Altering recruitment eligibility criteria after process commencement is impermissible; prior qualifications obtained disallow subsequent lower-level qualifications for appointment eligibility.

ORDER :

Pulla Karthik, J.

Aggrieved by the inaction of the respondents in considering the case of the petitioner for appointment to the post of Physical Education Teacher (Urdu medium) under DSC-2024 in Nalgonda District, despite her merit, while selecting the lesser meritorious candidates, the present writ petition is filed.

2. Heard Sri Mamidi Sai Yadav, learned counsel appearing for the petitioner, learned Government Pleader for Services-I, on behalf of respondent Nos.1 to 4 and Sri Sai Prasen Gundavaram, learned counsel appearing on behalf of respondent Nos.5 and 6.

3. Learned counsel for the petitioner submits that the petitioner belongs to BC-E category and is a local candidate of Nalgonda District, possessing two Bachelor’s Degrees, viz., B.A. and B.P.Ed., and thus, she is fully qualified and eligible for appointment to the post of Physical Education Teacher (Urdu Medium). It is submitted that respondent No.1 issued the DSC-2024 Notification dated 03.03.2024, in pursuance of which, the petitioner applied for the post of Physical Education Teacher (Urdu Medium) in Nalgonda District, appeared for the written examination held on 18.07.2024, and secured Rank No.4 with a total score of 43.50 marks. Thereafter, during the process of certificate verification, the candidates placed at Sl.Nos.1 to 3 have not attended for the same, and the petitioner herein, produced all educational certificates, and was shown as the first candidate in the list of candidates selected for the post of Physical Education Teacher (Urdu). However, the case of the petitioner for appointment was not considered by the respondents without any justifiable reason, on an untenable ground that the petitioner did not possess Urdu as one of the languages. It is submitted that the petitioner had completed Intermediate with Urdu as a second language from the Telangana Open School Society (for short, ‘TOSS’) during December, 2014. However, without considering the same, the respondents have ignored the case of the petitioner, who stood at Sl.No.1 in the list of selected candidates, and selected the candidates shown at Sl.Nos.5, 7 and 8, which is clearly illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India.

4. It is further submitted that the petitioner had acquired the requisite qualifications as per the Notification, having completed SSC with Telugu as 1^st Language and English as 2^nd Language, Intermediate with English as 1^st Language and Telugu as 2^nd Language, graduation with Telugu as 2^nd Language, and also completed Intermediate from TOSS with English as 1^st Language and Urdu as 2nd Language during December, 2014 itself. As such, the petitioner satisfied the academic qualifications prescribed in Para V of the Notification. It is further submitted that even as per Para VIII of the Notification, the applicants who have obtained requisite Degrees through Open Universities/distance education mode are required to have recognition by the UGC/AICTE/Distance Education Bureau, and the petitioner herein possesses the Intermediate certificate from the TOSS, which is duly recognized by the State Government, and thus, the petitioner is fully qualified and eligible for appointment to the post of Physical Education Teacher (Urdu).

5. It is